bed bugs

[melmagoo]

What is the name of your state (only U.S. law)? Kentucky

We live in a duplex (one shared wall with other apartment). We found a bed bug in our apartment and notified the landlord. He said that exterminator services were not in our lease. After I explained that an exterminator would need to look in both apartments of the duplex, he agreed to pay for the initial inspection/treatment.

An exterminator came and inspected the adjacent apartment and found a couple of bed bugs there. He treated our apartment. We will then pay for the follow-ups that are necessary to make sure our apartment is clear of bed bugs.

Here is our dilemma: we have no idea if the tenets in the adjacent apartment will continue treatment, since the landlord is not paying. We are friendly when we see each other, but do not know each other. The exterminator has informed us that, unless both sides get treatment, it is just a matter of time before the bed bugs over there make their way back to our apartment.

Our lease is up in 6 weeks. We really do not want to move (because we love the apartment and we don't want to risk carrying bed bugs with us to another apartment). Is there any way we can get the landlord to pay and/or ensure that the other apartment is treated?

 

[Gail in Georgia]

Since the lease does not specify the landlord is responsible for extermination services, how about talking with the tenant next door regarding the need for follow up services.

Gail

 

[melmagoo]

Yes, of course at some point we will talk to them. My question is really about a worst case scenario, though. IF they aren't getting treatment (or if they refuse to answer our questions or whatever), is our landlord in any way responsible since the lack of treatment on one side of the duplex affects the other side.

 

[Gail in Georgia]

Exterminator services are not included in your lease. Your landlord has done this once although they were not legally required to do even this.

One might question the need for continued repeat treatment if the exterminator did their job correctly initially (and neither side brings in things like used mattresses which might harbor a new crop of bedbugs).

Gail

 

[melmagoo]

One might question the need for continued repeat treatment if the exterminator did their job correctly initially

Bed bug treatments are always done in stages. The adults can be clearly seen, but eggs are basically invisible. An adult female can lay 10 eggs every three days or so. Treatment needs to be done at intervals to ensure that no eggs have hatched out. Since eggs can be anywhere, there's no way to know if they've all been killed until a couple of weeks have passed. Any exterminator who tells you otherwise is the one not doing the job correctly.

Exterminator services are not included in your lease.

I understand this. That is why we have no problem paying for the follow-ups that are necessary. My question is this: if our neighbors knowingly have bed bugs and do not treat and we get reinfested, who is responsible? (Yes this is a hypothetical question at this point since we don't know if our neighbors will treat or not. I'm just trying to collect all the information I can before talking to our neighbors and possibly our landlord again.)

 

[Banned_Princess]

does your lease say exactly that they specifically will not exterminate? in most states the LL has to do it, even if it is not specified in the lease. its a habitability issue.

plus it might be too late to quit the lease in six weeks, that should be specified in your lease, under termination.

my battery is dieing, or i would look it up and see if Kentucky makes LL's provide exterminating.

 

[melmagoo]

Thanks for the response, Princess.

Our lease does not specifically mention extermination anywhere. We are not looking to quit our lease. We just want to be able to continue to live here and not have to worry that we will have to pay for the exterminator if reinfestation occurs due to no treatment next door.

If you get your laptop hooked up again and would be able to see what the laws are in KY and fill me in, I would greatly appreciate it!

 

[justalayman]

383.635 Remedies for noncompliance that affects health and safety.


(1) If the landlord willfully and materially fails to comply with the rental agreement or
fails to comply with KRS 383.595 and such noncompliance materially affects health
and safety and the reasonable cost of compliance is less than one hundred dollars
($100), or an amount equal to one-half (1/2) of the monthly rent, whichever amount
is greater, the tenant may notify the landlord of his intention to correct the condition
at the landlord's expense. If the landlord willfully fails to comply within fourteen
(14) days after being notified by the tenant in writing or as promptly as conditions
require in case of emergency, the tenant may cause the work to be done in a
workmanlike manner and, after submitting to the landlord an itemized statement for
the work actually done and for which the tenant has paid in full, deduct from his
rent the actual and reasonable cost or the fair and reasonable value of the work, not
exceeding the amount specified in this subsection.
(2) A tenant may not repair at the landlord's expense if the condition was caused by the
deliberate or negligent act or omission of the tenant, a member of his family, or
other person on the premises with his consent.
Effective: July 13, 1984
History: Repealed and reenacted 1984 Ky. Acts ch. 176, sec. 27, effective July 13,
1984. -- Created 1974 Ky. Acts ch. 378, sec. 28.

383.595 Landlord's maintenance obligations and agreements.


(1) A landlord shall:
(a) Comply with the requirements of applicable building and housing codes
materially affecting health and safety;
(b) Make all repairs and do whatever is necessary to put and keep the premises in
a fit and habitable condition;
(c) Keep all common areas of the premises in a clean and safe condition;
(d) Maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities
and appliances, including elevators, supplied or required to be supplied by
him; and
(e) Supply running water and reasonable amounts of hot water at all times and
reasonable heat between October 1 and May 1 except where the building that
includes the dwelling unit is not required by law to be equipped for that
purpose, or the dwelling unit is so constructed that heat or hot water is
generated by an installation within the exclusive control of the tenant and
supplied by a direct public utility connection.
(2) If the duty imposed by paragraph (a) of subsection (1) is greater than any duty
imposed by any other paragraph of that subsection, the landlord's duty shall be
determined by reference to paragraph (a) of subsection (1).
(3) The landlord and tenant of a single family residence may agree in writing that the
tenant perform the landlord's duties specified in paragraph (e) of subsection (1) and
also specified repairs, maintenance tasks, alterations, and remodeling, but only if the
transaction is entered into in good faith and not for the purpose of evading the
obligations of the landlord.
(4) The landlord and tenant of any dwelling unit other than a single family residency
may agree that the tenant is to perform specified repairs, maintenance tasks,
alterations, or remodeling only if:
(a) The agreement of the parties is entered into in good faith and not for the
purpose of evading the obligations of the landlord and is set forth in a separate
writing signed by the parties and supported by adequate consideration;
(b) The work is not necessary to cure noncompliance with subsection (1)(a) of
this section; and
(c) The agreement does not diminish or affect the obligation of the landlord to
other tenants in the premises.
Effective: July 13, 1984
History: Repealed and reenacted 1984 Ky. Acts ch. 176, sec. 19, effective July 13,
1984. -- Created 1974 Ky. Acts ch. 378, sec. 20

so, if it is considered a health issue, I believe it is the LL's obligation to exterminate.

Or, if you can find a few Dahleks around, they'll take care of it for you..exterminate...EXTERMINATE..EXTERMINATE

sorry, watching Dr. Who and got carried away.

 

[melmagoo]

Thanks for the info, layman.

Bed bugs are not considered a health risk. They don't spread disease. So, I guess that's good news in that we don't have to worry about disease...

Again, though, our position is that we don't mind paying for our apartment, but don't feel like we should liable for what goes on in the next door apartment. Does anyone know what responsibility the LL has to ensure that treatment happens in both apartments in a duplex situation?

 

[justalayman]

to confer any liability on the neighbor, you would have to be able to prove they are responsible for the bugs. That is very difficult, if not impossible.

 

[Searchertwin]

Thanks for the info, layman.

Bed bugs are not considered a health risk. They don't spread disease. So, I guess that's good news in that we don't have to worry about disease...

Again, though, our position is that we don't mind paying for our apartment, but don't feel like we should liable for what goes on in the next door apartment. Does anyone know what responsibility the LL has to ensure that treatment happens in both apartments in a duplex situation?

Basically, you just want the LL to pay for the treatments.

LL is not responsible to continue. He already did the INITIAL TREATMENT, and that is all he is obligated to do. Only you can make the decision if YOU want to continue treatments. What anyone else wants to do is THEIR BUSINESS and you can't dictate them to do otherwise, nor can the LL.

Just like your place is clean and tidy, the neighbors is not. Can the LL tell them to keep it clean because you feel they should? Can you force the LL to make them clean? I don't think so.